O. J. Barnes Co. v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Grand Forks County, Cooley, J. It is elementary law that all parts of the charge must be constrúed together. If, taken as a whole, the charge is substantially correct, the judgment must not be disturbed. 1 Hayne, New Trial, No. 131, p. 676. “A new trial should never be granted in a civil action for errors in instructions, however egregious they may be, where the verdict was the only one warranted by the law applicable to the case.”
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Appeal from the District Court of Grand Forks County, Cooley, J. It is elementary law that all parts of the charge must be constrúed together. If, taken as a whole, the charge is substantially correct, the judgment must not be disturbed. 1 Hayne, New Trial, No. 131, p. 676. “A new trial should never be granted in a civil action for errors in instructions, however egregious they may be, where the verdict was the only one warranted by the law applicable to the case.” McGrath v. N. P, R. Co. (Minn.) 141 N. W. 166. “Where the record shows that the case of a plaintiff is inherently and fatally…
1Opinion of the CourtBiRDZEim, J.
This is an appeal from an order entered in the district court of Grand Forks county, granting a new trial. The action is one to recover damages alleged to have been occasioned by a delay in the shipment of a car load of potatoes from Grand Forks, North Dakota, to Vermillion, South Dakota, which delay is alleged to have subjected the potatoes to a low temperature, resulting in a considerable portion of them being frozen. It appears that the plaintiff placed a false bottom in the car and loaded it at Grand Forks on November 3, 1916. The car was a refrigerator car; the potatoes were contained in…
2Cases cited8 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Great Northern Railway Co. v. O'ConnorSupreme Court of the United States · 1914
- Transportation Company v. DownerSupreme Court of the United States · 1871
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3Cited by1 opinion
- Standard Pickle Co. v. Pere Marquette Railway Co.Michigan Supreme Court · 1923